HomeMy WebLinkAboutDocumentation_Regular_Tab 20_11/13/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 22-14
11/13/14
Consent Agenda: No Resolution #:
Originating Department: Legal
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ORDINANCE 22-14, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 46. MOTOR
VEHICLES AND TRAFFIC. AT ARTICLE I. IN GENERAL. BY CREATING AN ENTIRELY NEW SECTION 46-
3. "COMMERCIAL VEHICLES; CONTRACTOR NUMBER." TO REQUIRE COMMERCIAL VEHICLES
CONDUCTING BUSINESS WITHIN THE VILLAGE TO DISPLAY THE APPLICABLE CONTRACTOR
LICENSE NUMBERS OF THE CONTRACTOR ON THE VEHICLE; AND AT ARTICLE III. PARKING,
STOPPING OR STANDING. DIVISI�N 1. GENERALLY. BY UPDATING AND REVISING REGULATIONS
FOR UNLAWFUL PARKING THROUGHOUT THE VILLAGE, AND PROVIDING FOR TOWING AND
IMPOUNDMENT UNDER CERTAIN CIRCUMSTANCES; AND BY CREATING AN ENTIRELY NEW DIVISION
3. TO PROVIDE PROCEDURES AND NOTICE REQUIREMENTS FOR TOWING AND IMPOUNDING
ILLEGALLY PARKED VEHICLES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 46
� . . ..
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: =:1'ryrc�s� �n Appropriate Fund Balance: Chao�e an item.
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Department Head Legal
Finance Director or Representative
Reviewed for Financial Sufficiency ❑
No Financial Impact ❑
Attorney: (for legal sufficiency)
Village Manager: �
Submit for Council Discussion: [�]' � (�' �����
Approve Item: ❑
Deny Item: �
Form Amended: 3114/14
ORDINANCE NO. 22-14
AN ORDINANCE OF TI� VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 46. MOTOR VEHICLES AND TRAFFIC. AT
ARTICLE I. IN GENERAL. BY CREA'TIl�1G AN ENTIRELY NEW SECTION
46-3. "COMIVIERCIAL VEHICLES; CONTRACTOR NUMBER." TO
REQUIRE COMN�RCIAL VEHICLES CONDUCTING BUSINESS WITHIN
'THE VILLAGE TO DISPLAY THE APPLICABLE CONTRACTOR LICENSE
NUMBERS OF THE CONTRACTOR ON THE VEHICLE; AND AT ARTICLE
III. PARKING, STOPPING OR STANDING. DIVISION 1. GENERALLY. BY
UPDATIl�tG AND REVISING REGULATIONS FOR UNLAWFUL PARKING
THROUGHOUT TI� VII.LAGE, AND PROVIDING FOR TOWING AND
IlVIPOUNDMENT UNDER CERTAIN CIRCUMSTANCES; AND BY
CREATIl�IG AN ENTIRELY NEW DIVISION 3. T� PROVIDE
PROCEDURES AND NOTICE REQUIREMENTS FOR TOWING AND
IMPOUNDING ILLEGALLY PARI�ED VEHICLES; PROVIDING THAT
EACH AND EVERY OTI-�R SECTION AND SUBSECTION OF CHAPTER
46. MOTOR VEHICLES AND TRAFFIC. SHALL REMAIN IN FULL FORCE
AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND AUTH�RITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTI-�R PURPOSES.
WHEREAS, the Village Council desires to require commercial vehicles doing business
within the village to display thereon the contractor's license number(s); and
WHEREAS, the Village Council desires to upda.te and augment regularions for illegal
parking throughout the Village; and
WHEREAS, the Village Council desires to provide for the towing and impoundment of
illegally parked vehicles in certain circumstances; and
WHEREAS, the Village Council believes these amendments to its Code of Ordinances
are in the best interests of the citizens of the Village of Tequesta..
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Cha.pter 46. Motor Vehicles and Traffic. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article I. In General. by crea.ti.ng an entirely new
Section 46-3. "Commercial vehicles; contractor number." to require commercial velucles
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conducting business within the village to display the applicable contractor license numbers of the
contractor on the vehicle; providing tha.t Chapter 46 Article I shall hereafter read as follows:
Chapter 46. Motor Vehicles and Traffic
ARTTCLE I. IN GENERAL
Sec. 46-1. - Hitchhildng. [This section shall remain in full force and effect as previously
adopted.]
Sec. 46-2. — Use of golf carts upon designated village streets. [This section shall remain in full
force and efFect as previously adopted.]
ec. 46-3. - Commercial vehicles: contractor number. Anv commercial vehicle beine used bv
a state licensed contractor to conduct business within the villa,�e shall have nrominentiv
'snlaved thereon the license number(sl of the contractor.
Section 2: Chapter 46. Motor Vehicles and Traffic. of the Code of Ordinances of the
Village of Tequesta is hereby amended. at Article III. Parki.ng, Stopping or Standing. Division 1.
Generally. by updating and revising regulations for unlawful pazking throughout the Village, and
providing for towing and impoundment under certain circumstances; and by creating an entirely
new Division 3. to provide procedures and notice requirements for towing and impounding
illegally pazked vehicles; providing that Chapter 46 Article III shall hereafter rea.d as follows:
Cha.pter 46. Motor Vehicles and Traffic
ARTICLE III. PARKING, STOPPING OR STANDING
DIVISION 1. - GENERALLY
Sec. 46-61. - Parl�ng violation fines.
(a) It sha11 be unlawful for any person to violate any of the parking regulations referenced in this
section. The following shall constitute the fine for the violations listed:
(1) Overtime pazking.....$20.00
(2) Double pazking.....20.00
(3) Parki.ng in fire lane.....20.00
(4) Parki.ng in loading zone.....20.00
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(5) Parking in wrong direction.....20.00
(6) Parking in al1ey.....20.00
(7) Pazking in prohibited area,....20.00
(8) Keys left in ignition in parked caz.....20.00
(9) Parking in crosswalk.....20.00
(10) Parking in restricted zone.....20.00
(11) Pazking 'thin ten (101 feet of a�es-c-�ese-�e fire h dr�.nt �g.....20.00
(12) Parking across lines.....20.00
(13) Pazking too close to intersection.....20.00
(14) Obstructing traffic lane.....20.00
(15) Parking too close to stop sign.....20.00
(16) Blocking private driveway.....20.00
(17) Permit or decal violation.....20.00
(b) It is unlawful to obstruct, park, stand or stop a vehicle within a properly marked designated
parking space for the disa.bled without a proper permit issued pursuant to state law. Any
person in violation of this standard shall be subject to a fine of $250.00.
(c) Fines sha11 be paid to the village within 48 hours of the time and date of issuance of the
parking ticket.
(d) All other parking violations shall be as prescribed by the appropriate state s�tatute or
ordinance relating thereto.
Sec. 46-62. — Parkin�. stonnin� or standin� nrohibited generallv ea-s�a�es.
(a) No nerson sha.11 nark. ston or leave standin� a motor vehicle. trailer or machinerv of anv
na.ture in anv of the followin� nlaces. excent when necessarv to avoid conflict with other
traffic or in comnliance with the directions of a law enforcement officer or t�ra�ic control
device:
11 On the roadwav side of anv vehicle stonned or nazked at the edEe or curb of a
street so as to imnede travel on the roadwav ("double narki.n�"):
(2l On a sidewalk. or in such a manner that anv nart of such vehicle is nrotrudin�
over a sidewalk•
L31 In such a manner as to block anv nrivate drivewav:
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L41 Within an intersection or crosswalk:
(5� Unan anv brid�e:
(61 On a bicvcle nath ox exclusive bicvcle lane:
171 Within a marked fire lane. or within seven and one half (7.51 feet of anv fire
hvdrant:
81 Within anv azea where a tra�c control deviae nzohibits standin�. stonnin� or
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(91 Within five feet of the ed�e of navement adiacent to Teauesta Drive. Cauntrv
ub Drive. Riversxde Drive. Countv Line Road, Seabrook Road or that nortion o�
Beach Road be�innin� 300 feet west of the narallel narkin¢ snaces ad.iacent to the
b ' e.
101 Unon anv nublic stceet or road. or anv nubliclv owned narking lot or other nublic
t�zonertv, where continued nresence of the motar vehicle. tra.iler or machine�rv. in
the oniz�i.on of a law enforcement officer o the Villaee Manase�r. because of the
vsical location or the condition of the motar vehicle. trailer or machi.nerv. noses
�er ta the nublic health. safetv or welfaze. or to the motor vehicle. irailer or
' erv itself.
[� 11 Umon anv nublic steeet or road. a nublic narking lot or other nublic rnonertv, or
unon rn�ivaxe nronertv where the nublic has the risht to travel bv motor vehicle.
for the nrincinal nurnose and intent of disnlaving the motor vehicle, trailer or
p�ece of machinerv thereoa for sa1e. hire or rent in accordance with Sec.
16_� 951. Flopida Statutes. In. addition to anv other remedv available to the
' la�e. includin� removal and imnound.ment, a fine of $100.00 shall be im�sed
u�n the owner of such motor vehicle. trailer or machinerv: which must be naid to
t�he villa.ge nrior to release from imnaundment.
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� b� The owner of any such velucle found guilty of violating the provisions of this section
shall be subject to punishment in accordance with section 1-14 andLc� the parki.ng violation
fines as set forth in section 46-61 as annlicable. I�a�cidition. such vehicles shall be subiect to
ent bv the villa�e as set forth in Division 3 below.
Sec. 46-63. - Parlang on Tequesta Oaks Drive.
(a) It shall be unlawfiil to stand, stop or pazk any motor vehicle, boat, trailer or maclunery upon
any portion of Tequesta Oaks Drive within the village . .
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(b) The owner of any such vehicle found guilty of violating the provisions of this section shall be
subject to punishment in accordance with section 1-14 and�r the pazking violations fines as
set forth in section 46-61 as annlicable ''on. such vehicles shall be subiect to
' �oundment bv the villa�e as set forth in I}ivision 3 be�ow.
Sec. 46-64. - Off street parl�ng in generaL
The requirements of chapter 78, article X regarding ofF street parking sha11 be complied with, as
applicable, throughout the village.
DNISION 2. — PARKING OF COMMERCIAL VEHICLES, TRUCKS AND
RECREATIONAL VEHICLES
[This Division shall remain in fiill force and effect as previously adopted.]
DIVISION 3. - IMPOUINDMENT
6-80. - Authoritv to imooand vehicles. notice of imnonndmen�
,
� enever aav law enforcement officer of the villa�e shall find a motor vehicle. tzaiiler or
hinerv of anv nature narked. stonned or le�t standi.ng in violation of anv nrovision of Sec.
6-62 of the Villa�e of Teauesta Code of Ordinances. such law enforcement officear is
uthorized to nrovide for the removal and imnoundment of such motor vehicle. trailer or
hinerv. The villaee is authorized to mai.ntain. a nublic stora�e nlace for �11 motor vehicles.
trailers or machinerv imnounded n»*��ant to t,h�s section. and establish bv resolutian of the
villa�e council. fees for imnoundment and stora�ze thereon. Additionallv. the chief of nolice
av also authorize stora�e of such im�ounded motor vehicle. tra.iler or machinerv_ at anv
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o er location. nublic or nrivate. which is zoned for such storage. The cost of such removal
e imnoundment/stora�e char�es shall become a lien a�ainst such motor vehicle. trailer
or machinerv.
� Whenever a law enforcement officer removes and imnounds a motor vehicle. trailer oar
' erv of anv na.ture for a violation o� Sec. 46-62 of the Villa.�e of Tecauesta Code of
Ordina.nces. aad the officer knows or is able o ascerta,in the name a�d address of the owner
ereof. the officer shall immediatelv �ive or cause to be �iven a notice in writin� to the
owner of the fact of removal. and the reasons therefor. and the alace to whi.ch the motor
'cle. trailer or macbinerv has been removed. If anv motor vehicle. trailer or machinerv is
in an authorized gara�e. a conv of the notice shall be �iven to the nronrietor o� that
�araee•
� enever a law enforcement officer removes and imnounds a motoar vehicle. trailer ox
bonerv of anv nature for a vialation of Sec. 46-62 of the Vill e of Teauesta Code of
dinaaces. and the officez does not know and is not able to asc�rtain the name of the owner.
r fox anv other reason is unable to �ive the notice to the owner. as nrovided in this secrion.
if the motoz velucle. trailer or machinerv is not return.ed to the owner within a riod of
ee (3) da.vs. the officer shall immedi.atelv sen�d or cause to be sent a written renort of the
moval bv mail to the division of motor vehicles. and sha11 file a conv of the notice with the
nrotirietor of anv authorized �arase in which the motor vek�i.cle, tra.iler or maclunerv mav be
ored. The natice shall include a comnlete descrintion of the motox vehic�e, ixaal.er or
machi.nerv. the da.te. time a�nd the nlace fram wluch it was removed., the reasons for its
. and the nan�e of the �ara�e or nlace where the vehicle is stored
Section 3: Each and every other section and subsection of Chapter 14. Buildings and
Buildi.ng Regulations. sha11 rema.in in fu11 force and effect as previously ena.cted..
Section 4: All ordinances or parts of ordinances in conflict herewith be and the same aze
hereby repealed.
SecNon 5: Should arry section or provision of this ordinance or any portion thereof, any
paragraph, sentence or word be declared. by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder of this ordinance.
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Section 6: Specific authority is hereby granted to codify and incorporaxe this ordinance into
the existing Code of Ordinances of the Village of Tequesta.
Section 7: This ordinance shall take effect immediately upon adoption.
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